Successions of fixed-term contracts : be cautious of the waiting period between each contract

Under penalty of re-characterization of the fixed-term contract (CDD) as an indefinite term contract (CDI), usually accompanied by a claim for damages for an abusive breach, employers must allow for a period of interruption between each contract signed for the same purpose. The Labor Code provides for certain contract uses that allow to forgo the waiting period. For example, in the case of a contract for the replacement of an employee who is absent or whose contract is suspended, or when it is “customary” or for a seasonal job. The temporary increase in activity, which is a reason allowed for using a fixed-term contract, is not mentioned. Therefore, a succession of CDD, without waiting period, is lawful, "for the same employee and the same position", if each contract was concluded for one of the reasons provided for in the aforementioned text.

Sometimes, upon the termination of the contract, the employer and the employee are led to sign a settlement agreement in which the parties waive any action, whether current or future, of any nature whatsoever, related to the employment contract, its performance or its termination. In return, the employee receives a specific allowance paid by the employer. The drafting of the settlement agreement is very important because it makes it possible to very largely hinder any subs...

The government has transposed the directive of 28 June 2018 on posted workers as part of a service provision by an order published on 20 February 2019. The French Labor Code provides for a set of matters for which the rules of the home state- legal rules and conventional rules applicable in the branch of activity concerned - must be applied to seconded employees and to' local 'employees.
The order reinforces this set of mandatory rules by providing that the employer of...

We are proud to announce that for the second year in a row, L&E Global has been ranked in the ‘Elite’ class of Global-Wide Employment Law Networks in the recently released 2019 edition of Chambers Global.
The post L&E Global awarded “Elite” status for Global-Wide Employment Law Networks by Chambers Global 2019 appeared first on L&E Global.

The obligation to publish the index of the gender equality concerns companies with at least 1,000 employees as of March 1, 2019, those with at least 250 employees as of September 1, those of at least 50 employees as of March 1, 2020.
This score is calculated according to numerous indicators published by decree. To make it easier for companies to calculate the index, the Ministry has published an online calculation table for companies with more than 250 employees that in...

Collective mutually agreed termination (« rupture conventionnelle collective »), a method of termination of the employment contract in which employer and employee sign an agreement to terminate, later approved by the administration, has met with great success. To be valid, it is necessary to ensure the free and informed consent of each of the parties. This is not always the case when the employee has signed an agreement in a context of proven moral harassment. On this poin...